Article VI — DEDICATIONS AND STREET IMPROVEMENTS

Before building permits are issued and the construction of the structure or improvement for which the building permit is requested would result in increase or change in vehicular traffic, the dedication of additional highway right-of-way may, at the discretion of the director of transportation/flood control/airports, be required to the extent necessary to achieve the purposes in accordance with the county general plan, any adopted specific plan or the provisions of any specific ordinance which has established a future right-of-way line. Where none of the foregoing exist, the required dedication shall be a thirty (30) foot half-width from centerline, except that on section lines, quarter section lines, and sixteenth section lines in the desert areas, a forty (40) foot half-width from section lines and quarter section lines and a thirty (30) foot half-width from sixteenth section lines shall be required.

(Amended during 1997 codification; SBCC § 87.1101)

Before building permits are issued for residential, commercial, administrative, professional, industrial and public uses, and the construction of the structure or improvement for which the building permit is requested would result in an increase or change of vehicular traffic such that the construction of street improvements as defined is necessary for the purposes of protecting adequately public safety and health as a result of the increase or change in vehicular traffic, or surface drainage, the installation of the street improvements may, at the discretion of the city engineer, be required to the extent necessary to achieve the purposes and in accordance with the current adopted county standards. "Street improvements" include any or all of curb and gutter, sidewalks, concrete driveway approaches, drainage structures, paving, backfilling and preparation of the road surface to rough grade for the placement of paving and other necessary improvements as determined by the city engineer.

(Amended during 1997 codification; SBCC § 87.1105)

Such right-of-way dedication and installation of street improvements shall be required prior to the occupancy of the premises or commencement of the above-referenced uses, and where it is impractical to install the required improvements at the time of the proposed development, an agreement in writing shall be entered into with the city to make such improvements, and a cash deposit, a surety bond or such other form of surety as may be acceptable to the city engineer in an amount equal to the estimated cost of the improvements as determined by the county engineer, shall be posted with the city in lieu thereof, to

guarantee the installation of such improvements. In the latter event, the actual installation of street improvements may be delayed until written demand therefor is made by the city. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California.

(Amended during 1997 codification; SBCC § 87.1110)

Requirements for all improvements in the public right-of-way will be specified by the city. Request for a waiver of any of these requirements may be made to the city engineer who shall have the authority to approve modifications or reject any of the requirements.

A.

Prior to waiving or modifying any improvement requirement, the city engineer shall find as follows:

1.

That the waiver or modification of the required improvement would not adversely affect the public health and safety;

2.

That neither the improvements being waived nor the modifications authorized delete improvements which are a necessary prerequisite to the orderly development of the surrounding area.

B.

Prior to waiving any improvement requirement, the city engineer may require a written agreement from the applicant, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the county recorder.

C.

Appeal of Action by City Engineer. Any decision by the city engineer pertaining to a request to waive or modify required improvements may be appealed to the planning commission.

(Amended during 1997 codification; SBCC § 87.1115)

Before an occupancy permit shall be issued for any such building or structure, the building and safety department shall determine the following:

A.

That all of the required dedications have been provided;

B.

That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the county department of transportation/flood control/airports to assure the installation of said street improvements.

(Amended during 1997 codification; SBCC § 87.1120)

ARTICLE VII. - DENSITY BONUS PROGRAM[[16]]

Footnotes:

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Editor's note— Ord. No. 2011-03, § 3(Exh. A), adopted May 3, 2011, amended Art. VII in its entirety to read as herein set out. Former Art. VII pertained to similar subject matter and derived from Ord. 149, Exh. A, adopted 1992; and Ord. 232, § 4, adopted 1996.

The purpose of the density bonus program is to encourage the production of housing for lower income households by offering developers density increases beyond the maximum allowed under the applicable zoning district and land use element of the general plan in exchange for the construction of below-market rate units. In addition, other development incentives may be permitted. Further, the intent of the density bonus program is to implement state law and the city's housing element.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

As used in this article, the following terms are defined in this section:

"Additional incentive" means a regulatory concession as described in Government Code Section 65915 that may include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development or any other regulatory incentive, which would result in identifiable cost avoidance or deductions, that are offered in addition to a density bonus.

"Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, lower-or moderate-income households, not exceeding the following calculation"

1.

Extremely Low-Income - Unless otherwise provided by law, households at thirty (30) percent of the area median income, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12);

Very Low-Income - Unless otherwise provided by law, households at fifty (50) percent of the area median income, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12);

3.

Low-Income - Unless otherwise provided by law, households at eighty (80) percent of the area median income, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12);

4.

Moderate-Income - Unless otherwise provided by law, households at one hundred twenty (120) percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve (12);

5.

Above Moderate - Unless otherwise provided by law, households greater than one hundred twenty (120) percent of the area median income, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12).

"Area median income" means median income levels for San Bernardino County as calculated annually by the U.S. Department of Housing and Urban Development (HUD) based on the Primary Metropolitan Statistical Area (PMSA) median income levels by family size. Such levels are calculated on the basis of gross annual household income, considering household size and number of dependents, income of all wage earners, and all other sources of household income.

"Below-market rate (BMR) units" means dwelling units that are affordable to very low and low-income groups as defined in this section.

"Density bonus" means a density increase over the otherwise maximum allowable residential density permitted under the zone district and general plan.

"Density bonus unit" means those residential units granted pursuant to the provisions of this chapter, which exceed the maximum residential density of the development site.

"Dwelling unit" means one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

"Housing development" means construction of projects consisting of five or more residential units or lots, including single-family and multi-family, that are proposed to be constructed pursuant to this chapter.

"Liveable floor area" means and shall refer to the living area as measured from the outside of walls and excluding garages, carports, exterior courtyards, patios or balconies.

"Low-income household" means households whose income does not exceed eighty (80) percent of the area median income.

"Senior citizens" means persons at least sixty-two (62) years of age (or fifty-five (55) years of age if the project is at least thirty-five (35) dwelling units).

"Senior citizen housing" means a housing development consistent with the California Fair Employment and Housing Act, that has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons"; as that phrase is used in the Federal fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in Civil Code Section 51.3.

"Target unit" means a dwelling unit within a housing development, which will be reserved for sale or rent to, and affordable to, very low-, lower, or moderate-income households.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

Density bonuses may be granted as part of the normal approval process for site plans, subdivisions, planned developments or other land use applications in accordance with Chapter 16.12 and other adopted applicable ordinances, resolutions or standards. Any additional incentives, as specified in Section 16.20.230, and density bonus agreements shall be approved by the city council.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

16.20.205 - Density bonus provisions.

A.

Percent density bonus or other incentives of equivalent financial value based upon the land cost per dwelling unit shall be granted as follows:

1.

Ten percent of the total units of a housing development are designated for low-income households;

2.

Five percent of the total units of a housing development are designated for very-low-income households;

3.

A housing development designated for senior citizens as defined in Section 16.20.195.

Note: A developer requesting a density bonus above twenty (20) percent is strongly encouraged to arrange a pre-application conference in accordance with the provisions specified in Chapter 16.12 prior to submittal of a formal application.

(Ord. 2011-03, § 3(Exh. A), 5-3-11; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A.

The maximum density bonus for any project, even when combined with other available bonuses, is fifty (50) percent.

(Ord. 2011-03, § 3(Exh. A), 5-3-11; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A.

Notwithstanding Section 16.20.205(A), the following findings shall be made in order to approve the proposed development:

1.

The proposed development conforms to the General Plan;

2.

The proposed development will not have a specific, adverse impact upon the public health or safety, and there are feasible methods available to satisfactorily mitigate or avoid the adverse impact(s) identified.

B.

The above findings shall be made in addition to findings specified in Chapter 16.12 or other adopted applicable ordinances, resolutions or standards.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

The density bonus provisions of this article shall only apply to residential developments of five or more dwelling units.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

BMR units shall be evenly distributed throughout the project. The applicant may reduce either the size or interior amenities of the BMR units as long as there are not significant identifiable differences between the BMR units and the market rate units visible from the exterior of the units and the size and design of the units are reasonably consistent with the market rate units in the project; provided, that all units conform to the requirements of the applicable adopted city codes, ordinances, resolutions or policies. BMR units provided shall have at least the same number of bedrooms as the average unit in the project and if the floor area of the BMR units is not the same as the floor area of the market rate units within the project, each of the BMR units shall satisfy the following minimum total floor area:

Single-family Dwellings:

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

BMR units in a residential project or phase of a residential project shall be constructed concurrently with the construction of market rate units in the residential project or phase of that residential project.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

A.

If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the city makes the findings required by Government Code Section 65915(d)(1). The applicant shall receive the following number of incentives or concessions:

Once incentive or concession for projects that include ten percent of lower income units, or five percent of very-low income units or ten percent of moderate-income units in condominium projects.

2.

Two incentive or concessions for projects that include twenty (20) percent of lower income units, or ten percent of very-low income units or twenty (20) percent of moderate income units in condominium projects.

3.

Three incentives or concessions for projects that include thirty (30) percent of lower income units, or fifteen (15) percent of very-low income units or thirty (30) percent of moderate income units in condominium projects.

B.

The following incentives may be utilized in conjunction with a density bonus to help facilitate increased density on the project site and to reduce construction costs. Incentives for each project shall be determined on a case-by-case basis, based upon project conditions such as proximity to community services, infrastructure capacity, topographical constraints, site size; and occupancy type. At least one of the following additional incentives shall be permitted in addition to the density bonus; unless the city makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code:

1.

A reduction in site development standards or a modification of zoning code requirements where it can be demonstrated that said flexibility will result in improved circulation within the site, increased open space areas, provision of recreational amenities, or other improvement to the overall design of the site, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. A reduction in parking spaces for density bonus projects may be requested and requires approval from the city, using the following formula:

i.

Studio and one-bedroom units - one space.

ii.

Two to three bedroom units — two spaces.

iii.

Four or more bedroom units - two and one-half spaces.

iv.

The required parking spaces include handicap spaces and guest parking. Required parking must be on-site and may be uncovered. Tandem parking is permitted.

2.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;

3.

The integration of child care facilities, either on-site or adjacent to the project may grant the project one of the following, provided that the childcare facility must remain open as long as the units are to remain affordable, and the children attending the facility come from dwelling units in proportion to the income categories required within the associated project.

i.

Additional residential floor area equal to the area of the childcare facility

ii.

An additional incentive or concession that contributes to the economic feasibility of the construction of the childcare facility.

4.

The integration of mixed structures, such as duplexes, triplexes, and four-plexes, within a single housing development in a single-family residential zone district, where it can be demonstrated that such integration can be designed so as to maintain a single-family residential atmosphere and make more efficient use of infrastructure;

5.

Applications for density bonuses shall be given priority status over other development projects in an effort to reduce processing time as much as possible;

6.

Deferment of certain development fees as approved by the city;

7.

Other regulatory incentives or concessions which result in identifiable cost reductions.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

Donation of land to the city, entities the applicant to a density bonus of up to fifteen (15) percent, provided that all of the following conditions are met:

A.

The land must be transferred to the city or a housing developer approved by the city, no later than the approval of the final subdivision map or approval of the development application.

B.

The land must have developable acreage and zoning to permit the development of units for very-low income households of not less that ten percent of the total of the units in the proposed development project. The density bonus may be increased by one percent for every additional one percent of land donated. The maximum density bonus may be up to thirty-five (35) percent.

C.

The transferred land must be at least one acre in size or permit the development of forty (40) units, have the appropriate land use designation and be served by adequate public infrastructure.

D.

The transferred land shall have all the necessary approvals in place, other than building permits, for development of the very-low income units.

E.

The units on the transferred land shall be deed-restricted, consistent with other below market rate units as required by the city.

F.

The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

G.

The transferred land may be within the development project, or within one-quarter mile of the boundary of the proposed development.

H.

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

16.20.233 - Condo conversion incentives for low income housing development.

A.

The city shall grant a density bonus or provide incentives of equivalent financial value when a project to convert apartments to condominiums provides at least thirty-three (33) percent of the total units of the proposed condominium project to persons and families of low to moderate income or fifteen (15) percent of the total units of the proposed condominium project of lower income households.

B.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 16.20.205.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

A developer may submit a preliminary proposal for a density bonus prior to a formal application. The city shall respond within ninety (90) days of receipt of a written proposal, notifying the developer in writing of the procedures which will be followed in processing the application.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

A developer requesting a density bonus shall submit a density bonus agreement in a form approved by the city attorney. The density bonus agreement shall be approved by the city council and shall run with the land. The agreement may include, but not be limited to, the following provisions:

A.

The number of requested housing units above the amount allowed by the existing zoning and general plan designation, and the additional incentives requested;

B.

The number of BMR units by number of bedrooms and income group to be provided in the project;

C.

The term of affordability for BMR units, as specified in Section 16.20.250;

D.

The standards for maximum qualifying income for BMR units;

E.

The standards for maximum rents or sales prices for the BMR units;

F.

The process to be used to certify tenant/homeowner incomes;

G.

The arrangements for monitoring of the BMR units;

H.

How vacancies will be marketed and filled;

I.

Restrictions and enforcement mechanisms binding on property upon sale or transfer;

J.

Penalties and enforcement mechanisms in event of failure to maintain affordability provisions;

K.

The process and criteria for selection of a manager or management agency of multi-family projects which shall include provisions for review and approval by the city;

L.

Any other provisions deemed necessary by the city.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

In determining the number of BMR units proposed pursuant to Section 16.20.205, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

A.

If only twenty (20) to thirty-five (35) percent density bonus is granted, then affordability of the approved lowincome or very-low-income BMR units shall be maintained for a period of thirty (30) years, beginning on the date of issuance of the certificate of occupancy for the unit.

B.

If a density bonus is granted for moderate income units, then affordability of the approved moderate income BMR units shall be maintained for a period of forty-five (45) years (ownership units) or fifty-five (55) years (rental units), beginning on the date of issuance of the certificate of occupancy for the unit.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

16.20.255 - Rental housing units.

A.

Rents for those units in a rental housing development designated for very-low-income households shall not exceed thirty (30) percent of fifty (50) percent of the monthly area median income, as adjusted annually by HCD for household size. If the BMR units are rented to Section 8 certificate holders, then the maximum rents for those units shall be as determined by the San Bernardino County Housing Authority.

B.

Rents for units designated for low-income households shall not exceed thirty (30) percent of sixty (60) percent of the monthly area median income, as adjusted annually by HUD for household size. If the BMR units are rented to Section 8 certificate holders, then the maximum rents for those units shall be as determined by the San Bernardino County Housing Authority.

C.

In calculating rents for senior citizen BMR units, any services, such as meals or individual medical care, offered above those normally provided for independent living units, shall be optional, and shall not be included in calculating maximum rents.

D.

The following table shall be used in determining the household size for BMR units:

An exception to the above table shall be made for units designated for senior citizens. The exception is that a household size of one shall be assumed for a single bedroom unit.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

A.

Sales prices of BMR ownership units shall be established at levels affordable to very-low low-income, and moderate-income households. Original sales prices shall be stated, per unit, in each development's approved tentative tract map, planned development or specific plan.

B.

The total required down payment, excluding closing costs, for the BMR units, shall not exceed ten percent of the purchase price.

C.

The provisions of this section shall be included in the density bonus agreement, and shall run with the land.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

Only low and very-low and moderate-income (ownership units) households shall be eligible to occupy BMR units. The city shall select potential occupants of BMR units from a list of those persons qualified on the basis of household income, the median combined household income statistics calculated annually by HCD, all sources of household income and assets, a relationship between household size and the size of available units, and further criteria and an equitable selection method to be established in conformance with the terms of this article. No distinction shall be made between adults and children, unless BMR units are designated for senior citizens.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

It is the intent of the city council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in state laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this chapter. Accordingly, it is the further intent of the city council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permitted by law.

(Ord. 2011-03, § 3(Exh. A), 5-3-11)

ARTICLE VIII. - HISTORICAL RESOURCES DESIGNATION AND PROTECTION

The purpose of this article is to ensure the protection, enhancement, perpetuation and use of structures and sites of historic architectural, and engineering significance, located within the city, that are of cultural and aesthetic benefit to the community.

(Ord. 77 § 2 (§ 810.0701), 1990)

A.

The sole authority to declare registered landmarks or other historic resources shall be vested in the city council.

B.

When necessary, the city council shall conduct a public hearing for the purpose of evaluating matters relating to preservation of historical resources.

(Ord. 77 § 2 (§ 810.0705), 1990)

The following powers and duties shall be assigned to the city council on all matters relating to historic resources:

A.

To administer the provisions of this article;

B.

To initiate public hearings to consider matters relating to historic resources;

C.

To create and maintain a current register of landmark designations for public use and information;

D.

To review, evaluate and make a determination on the designation of a site, structure, or object as a registered landmark, and cause a resolution to be prepared stating findings in support of the determination.

(Ord. 77 § 2 (§ 810.0710), 1990)

16.20.285 - Definition of a registered landmark.

A registered historic, cultural or natural landmark shall be any real property such as a building, structure, site, archeological excavation, or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic feeling, and which meets one or more of the criteria specified in Section 16.20.290.

(Ord. 77 § 2 (§ 810.0715), 1990)

16.20.290 - Landmark designation review criteria.

When designating a landmark, the city council shall consider the following criteria in making its determination:

A.

Historical and Cultural Significance.

The proposed landmark is particularly representative of an historical period, type, style, region, or way of life.

2.

The proposed landmark is an example of a type of building which was once common but is now rare.

3.

The proposed landmark is of greater age than most of its kind.

4.

The proposed landmark was connected with someone who is or was renowned, important, or a local personality.

5.

The proposed landmark is connected with a business or use which was once common but is now rare.

6.

The architect or builder was significant.

7.

The site is the location of an important historic event or building.

B.

Historic Architectural and Engineering Significance.

1.

The construction materials or engineering methods used in the proposed landmark are unusual, significant, or uniquely effective.

2.

The design of the proposed landmark contains details and materials that possess extraordinary or unique aesthetic qualities.

C.

Neighborhood and Geographic Setting.

1.

The proposed landmark materially benefits the historic character of the neighborhood.

2.

The proposed landmark in its location represents an established and familiar visual feature of the neighborhood, community or city.

(Ord. 77 § 2 (§ 810.0720), 1990)

The city council shall authorize the preparation and maintenance of a list of all such declared landmarks and historic resources. The list shall be made available to the general public by the community development department.

(Ord. 77 § 2 (§ 810.0725), 1990)

Upon declaration of a landmark or historic resource, the city council shall determine which landmarks or historic resources shall receive markers. The markers shall be approved by the council.

(Ord. 77 § 2 (§ 810.0730), 1990)

16.20.305 - Change of use, alteration or demolition of a registered landmark or historic resource.

Demolishing, defacing, altering, adding to, changing the use, or in any way altering a registered landmark or historic resource shall be permitted only as specified in this section.

A.

Change of use or the initiation of any structural change of a designated landmark or historic resource shall require site approval pursuant to Chapter 16.12;

B.

Prior to approval of the application, the reviewing authority shall make the following findings in addition to the findings listed under Chapter 16.12:

1.

The use or structural change proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural or engineering interest or value of an historic nature; or

2.

The applicant has demonstrated that denial of the application will result in immediate and substantial hardship;

3.

The action proposed is necessary to correct an unsafe, unhealthful or dangerous condition on the property.

C.

Any proposed change of use shall be consistent with the zone designation and the goals and policies contained within the general plan.

(Ord. 250 Exh. A (part), 1998; Ord. 77 § 2 (§ 810.0735), 1990)

None of the provisions of this article shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official, after informing the city council when the structure is a landmark, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, the building official may authorize, prior to the council's review, that amount of repair or demolition necessary to correct an unsafe condition.

(Ord. 77 § 2 (§ 810.0740), 1990)